Kisan Vithalrao Kale v. Dropadabai Ganeshrao Pacharne And Others

(1) 61ca7401.19

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 61 CIVIL APPLICATION NO.7401 OF 2019 IN SAST/27649/2018 KISAN VITHALRAO KALE

VERSUS

DROPADABAI GANESHRAO PACHARNE AND OTHERS Mr. Kshitij Survey, Advocate fore the applicant CORAM : KISHORE C. SANT, J.

DATE: 16th OCTOBER, 2023 P. C.

1.

Heard the learned advocate for the applicant. None for the respondents.

2.

This application is filed seeking condonation of delay of 64 days caused in filing the second appeal. It is stated in application that advocate was instructed to file an appeal in this court. After receipt of notice in the execution proceeding, the applicant made an enquiry with the advocate. However, earlier advocate had not filed second appeal. It is thereafter, the applicant engaged another lawyer and in that process some

(2) 61ca7401.19 delay is caused.

3.

Considering that the delay is of 64 days and considering the reasons assigned in the application, this court finds that delay needs to be condoned in the interest of justice. Second aspect is that in spite of service none appeared for the respondent. This court, therefore, finds that the application needs to be allowed. In view of the same, the application stands allowed. The delay stands condoned.

4.

Office to register the second appeal.

[KISHORE C. SANT, J.] VishalK/61ca7401.19